941 So. 2d 735 - Rubenstein v. State’s Empirical Analysis

Citation profile

118 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 118 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “if the instructions fairly announce the law of the case and create no injustice, no reversible error will be found .... There is no error if all instructions taken as a whole fairly, but not necessarily perfectly, announce the applicable rules of law.”

   7 later decisions quote this exact passage
   e.g. Jones v. State · Leslie Danielle Dewitt v. State of Mississippi

2. “[S]hould you find from the evidence in this case, beyond a reasonable doubt that: 1. On or about the 17th day of August, 2003 in Lauderdale County, Mississippi; 2. The Defendant, Eric McDowell, acting alone or with others with a common intent, did willfully, unlawfully during an act eminently dangerous to others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of Marlon Maurice Davis, did kill and murder Marlon Maurice Davis, by hitting him with a wooden stick or pole and/or by kicking him. 3. Not in necessary self defense; then it is your sworn duty to find the Defendant guilty of Murder. Should the State fail to prove any one or more of these essential elements beyond a reasonable doubt, then you shall find the Defendant not guilty of Murder.”

   6 later decisions quote this exact passage
   e.g. Williams v. State · McDowell v. State

3. “[t]he Court instructs the jury that if you determine that the State's proof against the Defendant is wholly circumstantial , in that event, the guilt of the Defendant must not only be proved beyond a reasonable doubt but also to the exclusion of every other reasonable hypothesis consistent with innocence.”

   2 later decisions quote this exact passage
   e.g. 253 So. 3d 343 - Adam Chism v. State of Mississippi · 19 So. 3d 85 - Brown v. State